Issuing court/magistrate can recall bailable warrant or not
vinod bansal
(Querist) 25 November 2011
This query is : Resolved
R/Experts
In a crl complaint CJM court ordered summoning of a Company us 420 IPC through its director,summons were received in the office of co. by a clerk,despite this any director of the co. could not present before the court on date fixed and ultimately CJM court issued Bailable warrant only of the clerk who has received the summon on behalf of the co. /director (not of the director)now there is two question ,whether this is a legal order secondly i want to know CJM court can recall its Bailable warrant or i have to move before Sessions court in revision of this court,i am representing the company and complaint was filed against co. through director.One another question is also involved in this case,there is more than one director in the co. apart MD and in complaint any director is not named,in these circumstances which director have to appear in the court is also a matter of considerable. All experts are requested to plz suggest me.
Vinod
Raj Kumar Makkad
(Expert) 25 November 2011
1. The order passed is not legal and it requires either to be re-called and even right to revision also exists.
2. The complaint itself is bad in the eyes of law. Any criminal offence can be made only by a person and not by designation so a specific person though may be working as a director might have been impleaded as an accused so this is also a very good ground for filing revision.
Rajeev Kumar
(Expert) 25 November 2011
Yes i do agree with makkad
Nadeem Qureshi
(Expert) 25 November 2011
Dear Vinod
if any offence committed by any company or a compalint filed against any company then the managment is liable for offence specially directors. according to your query a case u/s 420 IPC registered and court issue summons which served through Clark then it is the presumption of law the summon is served after that if the accused are not appear before the court then court have power to issue bailable warrant against accused. o the issuence of warrant is right.
secondly cjm court may re-call the warrant because the warrant is bailable, so as per my opinion no need to go for revision
your third question, if the compalint filed only for the name of company then also the directors of the copany is liable because the directors have the controler of the company and all the affairs have been done through directors or with their consent.
feel free to call
Shonee Kapoor
(Expert) 25 November 2011
No reason to differ.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
vinod bansal
(Querist) 25 November 2011
Thankyou very much to all R/Experts for their response and opinion.
My query qua the BW of clerk who received summon on behalf of Co./Director is still open, is it a legal order,kindly enlighten me at this point also.Rgds
Vinod Bansal Adv.
Advocate. Arunagiri
(Expert) 25 November 2011
For any criminal case against a company, the person who is in-charge of the day to day operations and the person who is responsible for the offense, shall also be shown as accused.
Otherwise even if you prove the offense, you can not convict any body, because company is only a artificial person.
vinod bansal
(Querist) 25 November 2011
R/Makkad Ji
As you rightly advised that the complaint itself is bad in the eyes of law. Any criminal offence can be made only by a person and not by designation so a specific person though may be working as a director might have been impleaded as an accused so this is also a very good ground for filing revision,you are requested to let me know any citation in this regard as my Anticipatory bail of Director is pending before Sessions Judge for 28/11/11
